INTERNATIONAL LAW ARTICLE REVIEW

SCOPES OF INTERNATIONAL LEGAL PERSONALITY

OF INTERNATIONAL ORGANIZATIONS

FINKHA TRIANA
131221288
Introduction

A subject of international law is a legal person with the capacity to possess and exercise
international rights and duties.1 Prior to the establishment of international organizations
such as the United Nations, nation-states were the sole entities recognized as having
international legal status. However, the emergence of international organizations has
accelerated a recognition that other non-state actors can also have international legal
personalities.This paper investigates the degree to which international organizations have
legal rights and responsibilities in international law.

International Organizations are Recognized as Having Rights and Obligations

under International Law

To discuss the concept of legal personality, we must be aware about the definitions and
types of international organization. Under the 1986 VCLT between States and
International Organizations or between International Organizations,2 an international
organization is defined as “an inter-governmental organization”.3 International
organizations are alliances of nations that collaborate to accomplish shared objectives.
Created by treaties and have their own rules and regulations, there are two main types of
international organizations: universal organizations and regional organizations.4 Universal
organizations are open to all countries, while regional organizations are only open to
countries in a particular region. International organizations are subjects of international
law, which means that they have rights and duties under international law. However, they
are not the same as countries. Countries are sovereign, which means that they are
independent and not subject to the control of any other country. Conversely, International
organizations are made up of countries and their power is limited to the powers that their
member countries have given them. International organizations play an important role.5
They assist to promote peace and security, protect human rights, and promote economic
development.

1
Dr. P.R. Menon, “The Legal Personality of International Organizations” 4 SJIL (1992) p.79 (hereafter referred
to as „Menon‟), at p.79.
2
„VCLTIO‟, Art.2(1)(i).
3
UN. Under Chapter 2 of the UN Charter, membership of the UN is open to only States. See Art.4
4
James E. Hickey, “The Source of International Legal Personality in the 21st Century”, 2 HLPS (1997)
5
Menon, p.82, see also Oleg I. Tiunov, “The International Legal Personality of States: Problems and Solutions”,
37 SLULJ (1992-1993)
International legal personality is the status of an establishment that is recognized as
having the volume to have and exercise rights and obligations under international law.6 It
is not expressly defined in international law, but it is generally understood to be conferred
by treaty or custom.

There is no single set of criteria for an international organization to possess an

international legal personality concept. Some factors that are commonly considered in
determining whether an organization has international legal personality include: Separate
legal identity: Does the organization have a legal existence that is distinct from its
member states? Treaty-making power: Can the organization enter into treaties and other
international agreements on its own behalf? Legal standing: Can the organization sue and
be sued in international courts? Capacity to own and dispose of property: Can the
organization own and manage property in its own name.7

The author argues that international organizations do have international legal personality,
but that their personality is limited. This means that international organizations do not
have the same capacity as states. The powers are restricted to what is conferred on them
by their constituent treaties, as well as the powers that are implied as being fundamental
to the presentation of their duties.

The author supports this argument by citing several cases decided by the International
Court of Justice (ICJ). In the case of Reparations, the ICJ held that the United Nations has
international legal personality, but that its powers are limited to those that are conferred
on it by the UN Charter or that are implied by the Charter, International organizations are
vital to the UN's ability to carry out its responsibilities.8 In the definite expenses of the
case in the UN, the ICJ held that the UN's powers are not stringently limited to those that
are expressly mentioned in the Charter, but that they do extend to powers that are
necessary for the UN to fulfill its stated purposes.

The author then goes on to discuss the concept of implied powers. They argue that
implied powers are those powers that are not expressly mentioned in an international
organization's constituent treaty, but that are necessary for the organization to achieve its

6
Guenter Weissberg, International Status of the United Nations, Oceana Publications Inc.(1961)
7
Ian Brownlie, Principles of Public International Law, Oxford University Press (2008)
8
Advisory Opinion, I. C.J. Reports 1980, p. 73
goals. The author argues that the ICJ has recognized the concept of implied powers in its
case law.9 For example, in the case of Reparations, ICJ emphasized that the UN has the
implied power to create a court or other judicial body to resolve disagreements between
the Organization and its employees.

The author concludes by arguing that international organizations are governed by the
"principle of speciality."10 This means that their powers are limited to those that are
necessary to achieve their common goals. International organizations cannot act beyond
the scope of their authority.

In other words, international organizations have international legal personalities, but their
powers are not as broad as those of states. International organizations can only do what
their constituent treaties allow them to do, and they cannot act beyond the scope of their
authority. However, international organizations do have the implied power to do what is
necessary to achieve their goals.

The author's argument is important because it helps to clarify the legal status of
international organizations. It is important to understand that international organizations
are not the same as states, and that their powers are limited. This is important to ensure
that international organizations act within the scope of their authority and do not infringe
on the sovereignty of states.

9
Esa Paasivirta “The European Union: from an aggregate of States to a Legal Person?” 2 HLPS (1997), p.37
10
Advisory Opinion, I.C.J. Reports 1996, p.66 at p.78 para. 25
Conclusion

The author concludes that international organizations do possess international legal

personality, both subjective and objective. Legal personality scope is determined by
constituent treaties. I agree with the author's conclusion that international organizations
possess international legal personality, both subjective and objective. One point that the
author does not discuss in detail is the question of how the international legal personality
of international organizations can be reconciled with the sovereignty of their member
states. Overall, this is a well-written and informative article that provides a good
overview of the international legal personality of international organizations.

Article:

Udeariry, Nneoma, To What Extent do International Organizations Possess International

Legal Personality? (September 15, 2011). Available at SSRN:
https://ssrn.com/abstract=2052555 or http://dx.doi.org/10.2139/ssrn.2052555